The criminal offenses of assault and battery
occur when a person willfully inflicts
bodily injury, resulting in a traumatic
condition, upon another. Assault
and battery are actually two separate crimes
and can be prosecuted as either a
misdemeanor or a felony. This frequently
depends on the nature and seriousness of the
injuries. Not all cases of assault and
battery are clear, so it is important to
contact a criminal lawyer to represent you
and make sure that your legal rights are
respected and you are aware of all of your
options.

Charges
for these types of offenses can range from
misdemeanor to felony, depending on the
particular circumstances of each case.
Compensatory damages would be medical bills,
lost income, pain and suffering, emotional
distress, destruction of property
(clothing), and any other out-of-pocket
expense you might have. Punitive damages
could be awarded as punishment damages
against the person who intentionally harmed
you.

Assault
and battery arrests are a prime example of
how, when there are two sides to a story,
and one side goes unheard, the result can be
damaging. Many assault and battery arrests
are the result of the alleged victim simply
telling a better story to police, the
accused not being permitted to tell his or
her side of the story, or the accuser's
version of events being mischaracterized or
misunderstood.

Assault is an intentional act by someone which makes you fear
imminent harmful contact. This is much wider than many
people think. You are assaulted as soon as someone touches you
without a lawful reason to do so, and when they put you in fear of
violence. Of course, it includes being punched and kicked and being
subjected to illegal body searches.

Battery
is the actual physical contact. Battery is
the act of using force against another
person which results in either bodily injury
or offensive touching. It does not need to
be intentional; force applied with criminal
negligence is sufficient to be considered
battery. In addition, the force does not
have to be directly applied to the victim.

In many cases
mitigating circumstances exist which may
reduce, or even negate criminal culpability.

Often, several defenses
are available to the accused, such as:

Defense
of others

Defense
of property

Lack
of intent (i.e. an accident)

Self
defense

Violent
offenses include those in which an act of
violence has allegedly been committed
against another person. These include
offenses such as assault, battery, culpable
negligence, felony battery and assault or
battery on a law enforcement officer, and
aggravated assault or battery.

Generally
speaking, if the victim has been actually
touched by the person committing the crime,
then a battery has occurred. If the victim
has not actually been touched, but only
threatened, then the crime is considered to
be an assault.

We have
handled many assault charges,
ranging from misdemeanors to first degree
felonies. We will ensure that both sides of
the story are heard, and that the facts
surrounding the allegation are brought to
light. Contact us today to discuss your
case.